§ 96.52. DEFINITIONS.

For the purpose of this subchapter, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:

AFFILIATE. A person who controls, is controlled by, or is under common control with a provider.

CITY. The City of Kirby, Texas. As used throughout, the term city also includes the designated agent of the city.

CITY MANAGER. The city manager of the city or the city manager's designee.

DIRECTION OF THE CITY. All ordinances, laws, rules, resolutions, and regulations of the city that are not inconsistent with this subchapter and that are now in force or may hereafter be passed and adopted.

DIRECTOR OF PUBLIC WORKS. The director of public works of the city or the designee of the director of public works.

FACILITIES. Any and all of the wires, cables, duct spaces, manholes, poles, conduits, underground and overhead passageways and other equipment, structures, plants and appurtenances, and all associated physical equipment placed in, on or under the public rights-of-way.

PERSON. A natural person (an individual), corporation, company, association, partnership, firm, limited liability company, joint venture, joint stock company or association, and other such entity.

PUBLIC RIGHTS-OF-WAY. The same meaning as in the Tex. Loc. Gov't Code, § 283.002(6), [the area on, below, or above a public roadway, highway, street, public sidewalk, alley, waterway, or utility easement in which the municipality has an interest. The term does not include the airwaves above a public right-of-way with regard to wireless telecommunications].

( Ord. No. O-2018-831, § 2, 4-12-2018 )